Fault in American contract law / edited by Omri Ben-Shahar, Ariel Porat.

Format:

Book

Contributor:

Ben-Shahar, Omri, editor.

Porat, Ariel, editor.

Language:

English

Subjects (All):

Breach of contract--United States.

Breach of contract.

United States.

Contracts--United States.

Contracts.

Physical Description:

1 online resource (xxi, 314 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2010.

System Details:

text file

PDF

Summary:

Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

Contents:

Let us never blame a contract breaker / Richard A. Posner

In (partial) defense of strict liability in contract / Robert E. Scott

The fault principle as the chameleon of contract law : a market function approach / Stefan Grundmann

How fault shapes contract law / George M. Cohen

Fault in contract law / Eric A. Posner

The role of fault in contract law : unconscionability, unexpected circumstances, interpretation, mistake, and nonperformance / Melvin Aron Eisenberg

Fault at the contract-tort interface / Roy Kreitner

The many faces of fault in contract law : or how to do economics right, without really trying / Richard A. Epstein

The productive tension between official and unofficial stories of fault in contract law / Martha M. Ertman

When is a willful breach "willful"? : the link between definitions and damages / Richard Craswell

Willful breach : an efficient screen for efficient breach / Steve Thel and Peter Siegelman

An information theory of willful breach / Oren Bar-Gill and Omri Ben-Shahar

Contract law and the willfulness diversion / Barry E. Adler

A comparative fault defense in contract law / Ariel Porat

Stipulated damages, superstrict liability, and mitigation in contract law / Saul Levmore

Creditor's fault : in search of a comparative frame / Fabrizio Cafaggi

Why breach of contract may not be immoral given the incompleteness of contracts / Steven Shavell

Fault and harm in breach of contract / Dori Kimel

Fault in contracts : a psychological approach / Tess Wilkinson-Ryan.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511780097

Access Restriction:

Restricted for use by site license.